Published July 13, 2017
Word Count 6439 words
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Body: Committee of Adjustment Type: Minutes Meeting: Committee Date: July 13, 2017 Collection: Council Minutes Municipality: South Frontenac

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TOWNSHIP OF SOUTH FRONTENAC PLANNING DEPARTMENT

MINUTES 17:06 July 13, 2017 LOCATION:

South Frontenac Municipal Offices, Sydenham

IN ATTENDANCE:

Ron Sleeth (Storrington District-C) Ken Gee (Storrington District) David Hahn (Bedford District) Alan Revill (Bedford District-C) Larry Redden (Portland District) Ross Sutherland (Loughborough District-C) John Sherbino (Loughborough District)

ABSENT WITH REGRETS:

John McDougall (Portland District-C)

STAFF:

Lindsay Mills – Secretary-Treasurer/Planner Jennie Kapusta – Deputy Secretary Treasurer

Table of Contents Item # 1: Call to Order ……………………………………………………………………………………….. 1 Item # 2: Adoption of the Agenda ………………………………………………………………………… 1 Item # 3: Declaration of Pecuniary Interest …………………………………………………………… 1 Item # 4: Approval of Minutes……………………………………………………………………………… 1 Item # 5: S-33-17-L (Clough)………………………………………………………………………………. 2 Item # 6: S-34-17-L (Hamilton) ……………………………………………………………………………. 3 Item # 7: S-36-17-S (1324789 Ontario Inc.) ………………………………………………………….. 5 Item # 8: MV-27-17-S (Prue) ………………………………………………………………………………. 6 Item # 9: MV-28-17-S (Bearne) …………………………………………………………………………… 8 Item # 10: MV-29-17-L (Sinclair) …………………………………………………………………………. 8 Item # 11: MV-30-17-S (Savard) …………………………………………………………………………. 9 Item # 12: MV-31-17-L (Martin) …………………………………………………………………………. 10 Item # 13: MV-32-17-S (Bennett) ………………………………………………………………………. 11 Item #14: Other Business …………………………………………………………………………………. 12 Item #21: Adjournment …………………………………………………………………………………….. 12 Item # 1: Call to Order RESOLUTION:

C of A: 17:06:01

Moved by: L. Redden

Seconded by: D. Hahn

THAT the July 13, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby called to order at 7:00 p.m. with Alan Revill in the Chair. Carried Item # 2: Adoption of the Agenda Approved as circulated Item # 3: Declaration of Pecuniary Interest None declared Item # 4: Approval of Minutes RESOLUTION: Moved By: D. Hahn

C of A: 17:06:02 Seconded By: L. Redden

2 THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the May 11, 2017 meeting of the Committee, as circulated. Carried RESOLUTION:

C of A: 17:06:03

Moved By: L. Redden

Seconded By: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby approves the minutes of the June 8, 2017 meeting of the Committee, as circulated. Carried

Item # 5: S-33-17-L (Clough) Speaking to the Application: None Speaking Discussion: The subject land consists of 6.1 +/- acres with frontage on Perth Road. The lot is currently vacant. The proposal is for the creation of a 34m +/- long right-of-way. The purpose of the right-of-way is to create legal access to an otherwise land locked parcel which is currently used for agricultural purposes. The right-of-way, if approved will be surveyed and constructed to the Township’s standard for new private lanes. The planning department is able to support the application for the proposed right-of-way. Comments from Cataraqui Region Conservation Authority and KFL&A public health were not required. Public works has no objections The building department has no objections. R. Sutherland stated if the Roads Department was ok with the entrance location then he was ok with the location but would like this formalised prior to the finalisation of the application. Heather Roebuck, an adjacent property owner, had comments and questions for the Committee members: she wanted to know why the northern unopened road allowance wasn’t considered as it is a safer location; she indicated no objections as long as the property to be accessed continued to be used for agricultural purposes but expressed concerns regarding future development on the property. L. Mills, Planner, said the northern road allowance was indeed considered but it was impossible due to a wetland area blocking the proposed route; as for potential development he indicated that both residential and agricultural uses were permitted in the Rural Zone. RESOLUTION:

C of A: 17:06:04

Moved by: R. Sutherland

Seconded by: D. Hahn

THAT the South Frontenac Township Committee of Adjustment hereby adds an approval condition to S-33-17-L for an entrance permit to be obtained prior to deed stamping. Carried RESOLUTION:

C of A: 17:06:05

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-33-17-L by Elva Clough, to create a right-of-way, in Concession 9, Part Lot 19, Perth Road, District of Loughborough. Carried Application No: Owner: Location of Property:

S-33-17-L Elva Clough Concession 9, Lot/Part Lot 19, Perth Road, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a right-of-way Date of Hearing: July 13, 2017

3 Date of Decision:

July 13, 2017

DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-33-17-L shall be for the creation of a minimum 20m wide, 34m +/- long right-of-way with frontage on Perth Road.
  3. The right-of-way created through Consent Application S-33-17-L shall be surveyed and constructed according to the Township’s standard for new private lanes. The right-of-way access shall be recognized on the deeds of the lot to be accessed and the property over which it passes.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive $100 in lieu of parkland [Planning Act, s. 51(1)].
  7. The surveyor who prepares the reference plan referred to in condition #1 shall also determine by survey the width of the public road abutting the severed lands measured from the centre line of the traveled portion of the road to the lot line of the owner’s property. If such width is less than 33 ft., the owner shall dedicate to the Township land along the frontage of the severed and/or retained lands as the case may be in the following manner: a. The land to be dedicated shall be the width required to provide 33 ft. from the centre of the existing travelled road; b. The land to be dedicated shall be described as a separate part on a Reference Plan of Survey to be prepared and deposited at the Owner’s expense and filed with the Secretary-Treasurer prior to the stamping of the deeds; c. The Transfer/Deed from the Owner for the land to be dedicated shall be engrossed in the name of “The Corporation of the Township of South Frontenac”, and shall include the following attached to the Transfer/Deed as a Schedule: The Transferor hereby transfers the lands to the municipality for the purpose of widening the adjacent highway pursuant to Section 31(6) of the Municipal Act, 2001, Chapter 25, as amended. d. The Transfer/Deed for the land to be dedicated shall be registered by the Owner at the Owner’s expense; e. The duplicate registered Transfer/Deed for the land to be dedicated together with a letter of opinion of a solicitor qualified to practice law in the Province of Ontario addressed to the Secretary-Treasurer confirming that the municipality acquired good and marketable title to the land free and clear of all liens and encumbrances shall be delivered to the Secretary-Treasurer prior to stamping of Deeds.
  8. The applicant shall obtain an entrance permit from Public Works prior to the stamping of the deeds for the right-of-way to be created through consent application S-33-17-L. Item # 6: S-34-17-L (Hamilton) Speaking to the Application: George Hamilton Discussion:

4 The subject land consists of 46 +/- acres with frontage on Billy Green Road, Twisty Lane and Buck Lake. The lot is developed with a seasonal dwelling and a detached accessory building. The proposal is for the creation of a 12 +/- acre waterfront residential lot with approximately 700 feet of frontage on Buck Lake. Buck Lake is designated as a Highly Sensitive Trout Lake (at capacity) and as such special requirements need to be met prior to the consideration of any new lots within 300 metres of the lake (Section 5.2.8(a)(iii) of the Official Plan). The applicant has submitted an Environmental Impact Assessment (EIA) completed by Ontario Lake Assessments which examines the potential impact the proposed lot will have on Buck Lake; factors evaluated include water quality, impact on lake trout habitat, impact on nearshore fish habitat and impact on species at risk. Based on extensive site and data evaluations it was determined that an appropriate building could be located at a distance of 40m from the high water mark. This is less than the 50m suggested by the conservation authority but this reduction is based on evidence of potential black rat snake nesting areas at the 50m to 60m setback. Additionally, at approximately 50m there is a large granite ridge which would cause significant environmental impact should it be required to be removed for construction as opposed to locating the building envelope between the 40m to 50m setback. The EIA also speaks to the identified septic location (and main source of increased nutrient loading) on the back slope of this granite ridge at a setback of 95m from Buck Lake as a reason for locating the building envelope at a 40m rather than 50m setback. The proposed lot will gain access from Twisty Lane and will be required to be rezoned from Rural to Limited Service Residential Waterfront. The planning department is able to support the application for the proposed lot. After conducting several site visits and evaluating soil samples from the property the Ministry of the Environment and Climate Change (MOECC) has no objections to the application. Cataraqui Region Conservation Authority have no objection to the application provided development be set back a minimum of 50m from Buck Lake to protect the water quality and have suggested a site specific zone that details this setback, along with a requirement for site plan control. They have indicated a permit for development may be required depending on the location proposed for construction. KFL&A public health have no objection to the application provided the septic system is located greater than 45m from Buck Lake in the location identified and approved in consultation with the MOECC and Ontario Lake Assessments. This identified location is actually set back 95m from Buck Lake. Comments from Public Works were not required. The building department has no objections. J. Sherbino visited the site and agrees with the 40m setback due to topography of the property. R. Sutherland also agrees with 40m as the ridge was an identified area for species at risk habitat (black rat snakes). He was concerned over the gorge to be used as the access to the lake and wanted to ensure the applicant used a system of steps and swales to help control runoff and erosion as well as identifying a specific location for the dock and specifying a no cut area near the septic system and wetland area. J. Sherbino felt the EIA already covered these points but was in support. G. Hamilton expressed his willingness to comply with any and all recommendations the Committee made with regards to development on this property, and indicated that the wetland area was already being controlled under the Managed Forest Program. RESOLUTION:

C of A: 17:06:06

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby amends the site plan agreement to add the following conditions: work with the CRCA on stair access plan to control runoff and not permit dredging or tree cutting in the wetland drain area for the septic system. Carried RESOLUTION: Moved by: J. Sherbino

C of A: 17:06:07 Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-34-17-L by George Hamilton, to create a new lot, in Concession 13, Part Lot 24/25, Twisty Lane, District of Loughborough, subject to conditions. Carried

5 Application No: Owner: Location of Property:

S-34-17-L George Hamilton Concession 13, Lot/Part Lot 24/25, Billy Green Road/Twisty Lane, District of Loughborough, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: July 13, 2017 Date of Decision: July 13, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-34-17-L shall be for the creation of a 12 +/acre waterfront lot with a minimum of 91m (300 feet) of frontage on Buck Lake and a minimum of 76m (250 feet) of frontage on Twisty Lane.
  3. The right-of-way access over Twisty Lane to the lot created through Consent Application S-3417-L shall be surveyed according to the Township’s standard for new private lanes. The rightof-way access shall be recognized on the deeds of the lot to be access and the property over which it passes.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
  7. The applicant shall rezone the lot to be created through Consent Application S-34-17-L from Rural (RU) to a Special Limited Service Residential Waterfront zone to reflect the site specific environmental concerns, building envelope and septic location. Please see Planner Lindsay Mills to begin this process.
  8. Prior to the issuance of a building permit the applicant shall enter into a Site Plan Agreement to be registered on title with the Township demonstrating the proposed development meets the required setbacks, which shows the location of the water access as specified in the EIA and specifies the applicant work with the CRCA to control runoff at this point, identifies a no cutting/no dredging area in the region of the septic system and wetland, and specifies that roof run-off be directed away from the lake into French drains.
  9. The applicant shall enter into a development agreement to be registered on title to the severed and retained parcels which deals with the Township’s environmental policies, as well as the requirement for the owner to contact the Cataraqui Region Conservation Authority prior to any development on the property, or shoreline or in-water works, to determine the need for a permit. Item # 7: S-36-17-S (1324789 Ontario Inc.) Speaking to the Application: Gary Beach Discussion: The subject land consists of 52 +/- acres with frontage on Round Lake Road, Sweetfern Lane and Inverary Lake. The lot is developed with a single detached dwelling and a detached accessory building. The proposal is for the creation of a 15 +/- acre residential lot with frontage on Round Lake Road and Sweetfern Lane. The proposed lot will encompass all existing structures. The proposed lot will gain access from Sweetfern Lane. The retained parcel will encompass all the waterfrontage on

6 Inverary Lake and will gain access from Sweetfern Lane. The retained parcel will be required to be rezoned from Rural Special Zone 45 (RU-45) to Limited Service Residential Waterfront (RLSW). The planning department is able to support the application for the proposed lot. Comments from Cataraqui Region Conservation Authority, KFL&A Public Health and Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:06:08

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES consent application S-36-17-S by 1324789 Ontario Inc., to create a new lot, in Concession 3/4, Part Lot 23/24, Sweetfern Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

S-36-17-S 1324789 Ontario Inc. Concession 3/4, Lot/Part Lot 23/24, Round Lake Road/Sweetfern Lane, District of Storrington, Township of South Frontenac Purpose of Application: Consent to create a new lot Date of Hearing: July 13, 2017 Date of Decision: July 13, 2017 DECISION:

PROVISIONAL CONSENT BE GRANTED, subject to conditions

CONDITIONS:

  1. An acceptable reference plan or legal description of the severed lands in duplicate [Registry Act, s.81, Land Titles Act, s. 150], and the deed or instrument conveying the severed lands shall be submitted to the Secretary-Treasurer for review and consent endorsement within a period of one year [Planning Act, s. 53(41)] after the “Notice of Decision” is given [Planning Act, ss. 53(17) and 53(24)].
  2. The land to be severed by Consent Application S-36-17-S shall be for the creation of a 15 +/acre residential lot with 106m frontage on Round Lake Road.
  3. The right-of-way access over Sweetfern Lane to the retained parcel created through Consent Application S-35-17-L shall be surveyed according to the Township’s standard for new private lanes. The right-of-way access shall be recognized on the deeds of the lot to be accessed and the property over which it passes.
  4. Payment of the balance of any outstanding taxes and local improvement charges shall be made to the Township Treasurer. This includes all taxes levied as of the date of the stamping of the deeds.
  5. In the event that there are abandoned wells located on the property being severed, and the retained property, they be sealed in accordance with the requirements of the Ministry of the Environment and that this work be accomplished prior to the stamping of the deeds.
  6. The Township of South Frontenac shall receive 5% of the value of the severed parcel in lieu of parkland [Planning Act, s. 51(1)].
  7. The applicant shall rezone the retained parcel to be created through Consent Application S-3617-S from Rural Special Zone 45 (RU-45) to a Special Limited Service Residential Waterfront (RLSW) zone to reflect the access via Sweetfern Lane and the required 40m setback from the high water mark of Inverary Lake. Please see Planner Lindsay Mills to begin this process. Item # 8: MV-27-17-S (Prue) Speaking to the Application: Tim Prue Discussion: The subject land consists of 1.04 +/- acres with frontage on Dog Lake. The property is developed with a dwelling and a detached accessory building. The proposal is for the construction of an above ground pool to be located approximately 70 feet from the high water mark of Dog Lake.

7 The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. RESOLUTION:

C of A: 17:06:09

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-27-17-S by Tim Prue, to permit construction within the 30m setback, in Concession 8, Part Lot 20, Hideaway Lane, District of Storrington, until drawings are available for the proposed deck enlargement. Defeated RESOLUTION:

C of A: 17:06:10

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby allows the filling in of the triangle 45 square feet of deck between the pool and the house provided the deck addition does not encroach farther into the required setback from water. Carried RESOLUTION: Moved by: R. Sleeth

C of A: 17:06:11 Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-27-17-S by Timothy Prue, to permit construction within the 30m setback from water, in Concession 84, Part Lot 20, 3922 Hideaway Lane, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-27-17-S Tim Prue Concession 8, Lot/Part Lot 20, 3922 Hideaway Lane, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 10.3.2 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: July 13, 2017 Date of Decision: July 13, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for construction of an above ground pool to be located a minimum of 70 feet from the high water mark of Dog Lake; plus a 45 square foot addition to the existing deck, provided the deck addition does not encroach farther into the setback from the high water mark than the existing deck.
  2. Minor variance MV-27-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  3. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  4. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal office for the proposed development, and for any shoreline or in-water works.

8

Item # 9: MV-28-17-S (Bearne) Speaking to the Application: Paul Bearne Discussion: The subject land consists of 2.2 +/- acres with frontage on Cranberry Lake. The property is developed with a dwelling and a detached accessory building. The proposal is for the demolition of an existing deck and the construction of a 16 foot by 12 foot screened porch to the west side of an existing dwelling to be located 79 feet (24m) from the high water mark of Cranberry Lake. The applicant is also proposing to replace a 12 foot by 31 foot uncovered deck which was constructed without planning or building approvals. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. RESOLUTION:

C of A: 17:06:12

Moved by: R. Sleeth

Seconded by: K. Gee

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-28-17-S by Paul and Gina Bearne to permit construction within the 30m setback from water, in Concession 9, Part Lot 22, 4212 Carrying Place Road, District of Storrington, subject to conditions. Carried Application No: Owner: Location of Property:

MV-28-17-S Paul and Gina Bearne Concession 9, Lot/Part Lot 22, 4212 Carrying Place Road, District of Storrington, Township of South Frontenac Purpose of Application: To vary section 5.10.2 and section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: July 13, 2017 Date of Decision: July 13, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS: a. This minor variance is for construction of a maximum 200 square foot screen porch to be located a minimum of 24m (79 feet) from the high water mark of Cranberry Lake. b. Minor variance MV-28-17-S is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws. c. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. d. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority and Parks Canada – Rideau Canal office for the proposed development, and for any shoreline or in-water works. Item # 10: MV-29-17-L (Sinclair) Speaking to the Application: None Speaking Discussion: The subject land consists of 0.42 +/- acres with frontage on Rutledge Road. The property is developed with a single detached dwelling. The proposal is for the demolition of an attached carport and the construction of a 24 foot by 26 foot attached garage. The proposed garage is 4.5 feet wider than the existing carport requiring a reduction in side yard setback from 8.2 feet to 3.5 feet. Comments from KFL&A Public Health, Cataraqui Region Conservation Authority and Public Works were not required.

9 The building department has no objections. RESOLUTION:

C of A: 17:06:13

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby amends minor variance application MV-29-17-L by Christina Sinclair, to add a condition requiring the maintenance of the existing treeline buffer along the property line, including replanting when necessary. Carried RESOLUTION:

C of A: 17:06:14

Moved by: R. Sutherland

Seconded by: J. Sherbino

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-29-17-L by Christina Sinclair to permit a reduction in side yard setback, in Concession 5, Part Lot 2, 3080 Rutledge Road, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-29-17-L Christina Sinclair Concession 5, Lot/Part Lot 2, 3080 Rutledge Road, District of Loughborough, Township of South Frontenac Purpose of Application: To vary section 14.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 2.5m side yard setback Date of Hearing: July 13, 2017 Date of Decision: July 13, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS:

  1. This minor variance is for construction of a 625 square foot attached garage to be located a minimum of 3.5 feet from the interior side yard between 3080 Rutledge Road and 3080 Rutledge Road.
  2. The property owner shall maintain the existing treeline buffer along the property line between 3080 Rutledge Road and 3076 Rutledge Road, including replanting when necessary.
  3. Minor variance MV-29-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  4. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac. Item # 11: MV-30-17-S (Savard) Speaking to the Application: Donna and Francois Savard Discussion: There was a minor variance granted previously on this property for a 1500 square foot dwelling to be located a minimum of 54 feet from the high-water mark of Dog Lake. However, it was granted in 2003 and was varying the Township of Storrington’s Zoning By-law which was repealed and replaced with the current Township of South Frontenac Comprehensive Zoning By-law 2003-75. The applicant submitted all the original supporting documentation which was in favour of the proposal. Given the time between the original approval and the current submission the proposal was recirculated to the applicable agencies. The subject land consists of 0.4 +/- acres with frontage on Hideaway Lane and Dog Lake. The property is currently vacant. The proposal is for the construction of a 2142 square foot footprint dwelling to be located a minimum of 48 feet from the high-water mark of Dog Lake. Included in this footprint is a 744 square foot attached garage, a 196 square foot enclosed screen porch and 280 square feet of decks. The dwelling is proposed to be a single story with a walkout basement facing

10 the lake. The maximum lot coverage permitted for this property is 5% (870 square foot footprint); with a 2142 square foot footprint the proposed dwelling has a lot coverage of 12.4% The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. KFL&A Public Health has indicated that should the applicant wish to construct a modest house (200m2 or less, 3 bedrooms, 20 plumbing fixtures, 10m in depth) as per the original application then they maintain their prior position of no objection, provided the dwelling is to be located no more than 15m from the high water mark (HWM) of Dog Lake in order to accommodate the required septic system. This location for the septic system is required in order to meet the minimum clearances to both neighbour`s wells and the HWM. Should the above noted parameters be exceeded, then KFL&A Public Health have stated that the lot would not be able to accommodate both the dwelling and a septic system of suitable size, as such they would recommend denial. Cataraqui Region Conservation Authority (CRCA) has requested deferral as the size of the current proposal is significantly larger than the original 2003 application and they would like an opportunity for further evaluation of the application. CRCA have indicated that should the applicant reduce the size of the dwelling to that which was approved in the 2003 variance then they would have no objections to the application. The building department has no objections. R. Sleeth and K. Gee visited the site and are ok with the deferral if it allows the potential for development on the property. J. Sherbino and R. Sutherland agrees with deferral as he doesn’t want to sterilise the lot but the feels the lot coverage issue needs to be addressed and the building should be appropriate in size for the property. D. Hahn is not able to support the application as submitted as this is a small lot and a big house, but that the applicant could revise and resubmit the plans for consideration. F. Savard appreciated the Committee comments and willingness to reconsider alternatives. He indicated he bought the property because it had a minor variance for a 1500 square foot dwelling and after speaking with Gord Mitchell he understood better the concerns over spacing for the septic system due to the size increase of the building. A. Revill questioned whether the applicant had considered a detached garage as an option as this would reduce the lot coverage of the principal dwelling. RESOLUTION:

C of A: 17:06:15

Moved by: J. Sherbino

Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-30-17-S by Donna and Francois Savard, to permit construction within the 30m setback from water, in Concession 8, Part Lot 10, Hideaway Lane, District of Storrington, subject to CRCA report and revision of the proposal. Carried Item # 12: MV-31-17-L (Martin) Speaking to the Application: Jason Martin Discussion: The subject land consists of 1.26 +/- acres with frontage on Wild Flower Lane, North Shore Road and Loughborough Lake. The property is currently developed with a dwelling and detached accessory building. The proposal is for the demolition of the existing dwelling and the construction of a new dwelling farther from the lake. The proposed dwelling is to be 32 feet by 50 feet with a walkout basement and is to be located a minimum of 26.6m from the high-water mark of Loughborough Lake and a minimum of 2.5m from the edge of Wild Flower Lane. The proposal significantly increases the setback from the water as the current dwelling is located approximately 10m from the high-water mark. The topography of the lot limits the ability of the applicant to increase the setback any more than proposed. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. KFL&A Public Health have no objections. Cataraqui Region Conservation Authority has requested deferral of the application pending the receipt of a favourable geotechnical analysis of the slope stability. They have indicated that this study will be required at the CRCA permit stage as well as to satisfy the minor variance. CRCA is in support

11 of an increased setback from the water for the principal dwelling but are concerned the valley slope could be unstable and/or unable to support the weight of a building in this location. They are also concerned over the effect the addition of sewage effluent into the bank slope could have on the stability Comments from Public Works were not required. The building department has no objections. RESOLUTION:

C of A: 17:05:16

Moved by: K. Gee

Seconded by: R. Sleeth

THAT the South Frontenac Township Committee of Adjustment hereby DEFERS minor variance application MV-31-17-L by Jason Martin, to permit construction within the 30m setback from water, in Concession 6, Part Lot 21, Wildflower Lane, District of Loughborough, subject to receipt of a slope stability study. Carried Item # 13: MV-32-17-S (Bennett) Speaking to the Application: Jeff Bennett Discussion: The subject land consists of 2.62 +/- acres with frontage on Sydenham Lake. The property is currently developed with a dwelling and two (2) detached accessory buildings. The current dwelling is located 13.9 metres from the high-water mark of Sydenham Lake. The proposal is for a 292 square foot (27.13 square metres) increase to the existing foot print, plus a 2 foot 10 inch increase in height (to allow for foundation works to stabilise the dwelling), plus a corresponding (292 square foot) increase in square footage to the existing second storey. The proposal involves the demolition of two of the walls facing away from Sydenham Lake and their reconstruction approximately 2 feet 2 inches farther out than their current location, plus the construction of a two story addition and covered porch to the west side of the existing dwelling and the reconstruction of the entire roof structure to facilitate the increase in second storey square footage. The by-law does not permit the construction of any structures within 30 m of the HWM for the reasons of reducing adverse effects on the environment, maintaining a natural vegetative buffer and aiding in the preservation of the rural character of the Township. KFL&A Public Health has no objections. Cataraqui Region Conservation Authority has no objections to the application. They have recommended that the recommendation of Concord Engineering, who completed the slope stability study, to pin the foundation to the bedrock be added as a condition of approval. Comments from Public Works were not required. The building department has no objections. R. Sutherland agreed with the applicant that it was a very small existing structure and while the increase in gross floor area seems large, it really only makes the dwelling useable and will not really change the visual impact on the lake. He questioned whether the height increase was to allow a full basement. The applicant confirmed it was for foundation and stabilisation purposes only. R. Sleeth visited the site and has no objections. L. Redden was surprised by the CRCA comments and thought they would have an objection to the application, but he stated that if the CRCA was ok with the proposal then he was ok with the proposal. RESOLUTION: Moved by: J. Sherbino

C of A: 17:06:17 Seconded by: R. Sutherland

THAT the South Frontenac Township Committee of Adjustment hereby APPROVES minor variance application MV-32-17-L by Jeff Bennett and Margaret Eberle, to permit construction within the 30m setback from water, in Concession 5, Part Lot 6, 1040 Slumber Lane, District of Loughborough, subject to conditions. Carried Application No: Owner: Location of Property:

MV-32-17-L Jeff Bennett and Margaret Eberle Concession 5, Lot/Part Lot 6, 1040 Slumber Lane, District of Loughborough, Township of South Frontenac

12 Purpose of Application: To vary section 10.3.1 of the Comprehensive Zoning By-law 2003-75 to permit construction within the 30m setback from water Date of Hearing: July 13, 2017 Date of Decision: July 13, 2017 Decision:

MINOR VARIANCE APPROVED, subject to conditions

CONDITIONS

  1. This minor variance is for construction of a maximum 292 square foot footprint addition, plus a maximum three (3) foot increase in height to an existing dwelling located 13.9 metres from the high water mark of Sydenham Lake.
  2. As per the Cataraqui Region Conservation Authority report dated June 28, 2017 the applicant shall ensure the building design provides adequate anchorage of the building as per the Ontario Building Code requirements.
  3. Minor variance MV-32-17-L is applicable only to South Frontenac Township Comprehensive Zoning By-law 2003-75 and not to any subsequent zoning by-laws.
  4. A building permit is required for ALL demolition and construction on the property. There shall be no additional development, or demolition of existing structures, on the property without approval from the Township of South Frontenac.
  5. The applicant shall enter into a site plan agreement with the Township to be registered on title, which sets out the Township’s environmental and limited service policies, and which specifies that a permit may be required from the Cataraqui Region Conservation Authority for the proposed development, and for any shoreline or in-water works. Item #14: Other Business Committee members requested documentation on the specific environmental conditions contained within the Site Plan to ensure consistency with what is being requested and discussed; preferably pdf copies. Councillor Sleeth advised the Committee that an appeal to the Ontario Municipal Board (OMB) had been made regarding the decision made on application S-25-17-S by Colin Kier. The basis of the appeal was sightings of black rat snakes (a species at risk) in the area of the approved extension to Kier Road. He stated that the he felt the Committee had made a good decision based on facts and should not be concerned. Councillor Revill raised concerns over applications received in the winter and site accessibility, especially those on private lanes. He also expressed concerns regarding the ability to accurately make decisions when things are covered in snow. He indicated that the issue may come before Council and there may be a move to not accept applications during certain periods of the year. Item #21: Adjournment RESOLUTION: Moved by: D. Hahn

C of A: 17:06:18 Seconded by: L. Redden

THAT the July 13, 2017 meeting of the South Frontenac Township Committee of Adjustment is hereby adjourned at 8:15 p.m. to reconvene at 7:00 p.m. on Thursday, July 13, 2017 or at the call of the Chair. Carried

Alan Revill Chair

Lindsay Mills Secretary-Treasurer

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